Meinert et al v. United States Steel Corporation et al

Filing 55

ORDER granting 38 Motion to Dismiss Defendant Albion Casters, Inc for Lack of Personal Jurisdiction. Signed by Judge William C Lee on 5/13/13. (mc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
NICHOLAS MEINERT and
NICOLE MEINERT, Individually
and as Husband and Wife,
Plaintiffs,
v.
UNITED STATES STEEL
CORPORATION, PRAXAIR, INC.
a/k/a PRAXAIR DISTRIBUTION, INC.,
WELDING COMPANY OF AMERICA,
ALBION CASTERS, INC. d/b/a
ALBION INC., and ALBION
INDUSTRIES d/b/a ALBION, INC.

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) CAUSE NO. 2:12-CV-00092-WCL-APR
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OPINION AND ORDER
Before the Court is Defendant Albion Casters, Inc.1 (“Albion Casters’s”), Motion to Dismiss
for Lack of Personal Jurisdiction [DE 38] filed on November 15, 2012. Plaintiffs Nicholas and
Nicole Meinert (“the Meinerts”) responded on April 16, 2013 [DE 52]. The Motion will be
GRANTED.
The Meinerts filed the present lawsuit alleging injuries resulting from an accident involving
an allegedy defective caster/wheel. As part of this suit, plaintiffs allege that Albion Casters
manufactured and provided the defective caster/wheel involved in the accident and that it was not
fit for its particular purpose based on its design and manufacture. Albion Casters then filed the
present motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(2) asserting that it did not produce or

1

Albion Casters, Inc. was improperly named in the Complaint as Albion Casters, Inc.
d/b/a Albion, Inc.

manufacture the caster involved in the case. In their response, the Meinerts concede that Albion
Casters did not produce the caster in this case but rather another entity Albion Industries did. As
a result of this concession, the Meinerts agree that Albion Casters’s Motion to Dismiss is well-taken
and they do not object to the dismissal. Accordingly, Albion Casters’s Motion to Dismiss [DE 38]
is GRANTED.
Entered: This 13th day of May, 2013.
s/ William C. Lee
United States District Court